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2016 Supreme(SC) 803
SUPREME COURT OF INDIA
T.S. Thakur, CJI., Anil R. Dave, Jagdish Singh Khehar, JJ.
Naz Foundation Trust - Petitioner
Versus
Suresh Kumar Koushal & Ors. – Respondents
Curative Petition (C) Nos. 88-102, 103, 104, 105, 106, 107, 108-119 of 2014 in Review Petition (C) Nos.41-55 of 2014 in Civil Appeal No. 10972 of 2013 with R.P.(C) No. 198, 202, 211, 219, 221, 222-223 of 2014 in Curative Petition (C) D.26029 of 2014 in R.P.(C) Nos.41- 55 of 2014
Decided On : 2-2-2016
For the Petitioner:K.K. Venugopal, Senior Advocate, Dr. Manaka Guruswamy and Aundhati Katju, Advocates.
For the Respondents:Mahesh Agarwal, Neeha Nagpal, E.C. Agrawala, Danish Sheikh, Himanshu Agarwal, Ali Chaudhary, Colin Gonsalves, Senior Advocate and Kranti L. Chinappa, Advocates.
For the UOI :- Divya Jyoti Jaipuriar, Mangla Verma, Satya Mitra, Pinky Anand, A.S.G.
Headnote:Administration of justice – Judicial propriety – Issues of considerable importance and public interest – Some issues having constitutional dimensions including whether the Curative Petitions qualify for consideration of the Court in the light of the Judgment in Rupa Ashok Hurra's case – Matter referred to a Constitution Bench. (Para 3, 4)
(2002) 4 SCC 388 – Referred
ORDER :
We have heard learned counsel for the petitioners at some length who submit that several important issues including issues of considerable public interest fall for consideration in these Curative Petitions. They submit that these petitions could be admitted to a full-fledged hearing and the matter examined in all its dimensions.
2. Learned counsel for some of the respondents on the contrary point out that the scope for interference in a Curative Petition is limited to what is laid down by this Court in the case of Rupa Ashok Hurra v. Ashok Hurra, 2002 (4) SCC 388 which tests are not satisfied in the cases at hand. There is, therefore, no room for interference by this Court with the view already taken. They pray for dismissal of these Curative Petitions.
3. We do not consider it necessary at this stage to delve deep into the merits of the submissions made at the Bar. All that we need say is that since the issues sought to be raised are of considerable importance and public interest and since some of the issues have constitutional dimensions including whether the Curative Petitions qualify for consideration of this Court in the light of the Judgment in Rupa Ashok Hurra's case (Supra), it will be more appropriate if these petitions are placed before a Constitution Bench comprising five Hon'ble Judges of this Court.
4. We order accordingly. The papers shall be placed before Hon'ble the Chief Justice of India for constituting an appropriate Bench.
